SUNDARAJ Vs. LUKOSE

JUDGEMENT

(1.) The Criminal Revision Petition has been filed seeking to set aside the judgment in C.A.No.236 of 2004, dated 13.10.2008 by modifying the sentence passed in C.C.No.79 of 2001, dated 04.10.2004.

(2.) The petitioner is the accused in a private complaint filed by the respondent/complainant for the offence punishable under Section 138 of Negotiable Instruments Act in C.C.No.79 of 2001, before the learned Judicial Magistrate No.I, Kuzhithurai.

(3.) The facts of the case are briefly stated hereunder:- The case of the prosecution is that on 09.07.2000, the petitioner had borrowed a sum of Rs.2,00,000/- from the respondent to settle his family debt. In discharge of said liability, the petitioner had issued a cheque bearing No.231230, dated 09.12.2000, drawn on Tami Nadu Mercantile Bank, Verkizhampi Branch for a sum of Rs.2,00,000/-. Thereafter, the respondent presented the said cheque for collection through the State Bank of India, Chemmanvilai Branch and the same was dishonoured for the reason 'insufficient funds' and returned with a Memo, dated 02.01.2001.